Botched breath tests affect Philly DUI cases

PHILADELPHIA — Improperly calibrated breathalyzer machines used by Philadelphia police could mean that more than 1,000 drunk-driving cases dating to September 2009 are in jeopardy, law enforcement officials said Wednesday.

Some of the Philadelphia Police Department’s eight breath-test machines weren’t set up properly before November of last year, leading to incorrect readings in 1,147 cases, authorities said.

Ramsey said a defense attorney pointed out a discrepancy in test results last month, prompting authorities to examine the machines and check the readings against pending cases. More than 700 suspects had already been convicted using the faulty tests.

District Attorney Seth Williams said those defendants will be offered new trials, but noted that some cases will hold up without the tests if they’re based on other evidence, including blood tests.

More than 400 suspects who are awaiting trial will be informed that the breath tests will not be used as evidence, officials said.

“Our interest is justice, not merely convictions,” Williams said.

Ramsey said one law enforcement employee is responsible for maintaining the machines and an investigation is under way.

“The error was human error, and it is inexcusable. Period,” Ramsey said. “It should not have happened.”

Author: Carl Spector

New Jersey DUI Lawyer Carl Spector worked as an attorney in the Bronx County District Attorney’s office as an Assistant District Attorney for six years. This experience has allowed him to effectively and aggressively defend clients charged with all varieties of crimes and DWI / DUI.
For the past 30 years, New Jersey DUI Lawyer Carl Spector has been representing over 10,000 people that have been charged with crimes throughout New York and New Jersey, including Bergen County, Essex County, Hudson County, Passaic County, Morris County, and Union County. Carl Spector has served as an attorney in countless criminal and DWI / DUI matters with full control of initial investigations, trial planning, motions, discovery, legal research and courtroom appearances and trials.
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